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President Trump Issues Proclamation Suspending Entry of H-1B, H-2B, L, and J Visas
On June 22, 2020, President Trump issued a proclamation that suspends issuance of H-1B, H-2B, J and L visas until at least December 31, 2020. The suspension could be extended depending on the circumstances at that time. This proclamation also extends the proclamation from April 22, 2020, that bans certain immigrants from coming into the U.S. until the end of the year, which was originally set to expire sixty days later. I had written a blog post about that proclamation here. This current proclamation only affects people who are currently outside the U.S. who want to get one of those types of visas to come into the U.S. If a…
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What You Need to Know About the New H-1B Registration System that Will Take Effect for the Upcoming H-1B Season
On December 6, 2019, USCIS announced that they will be implementing the H-1B registration system that requires employers to register who want to file cap-subject petitions for the fiscal year 2021. The filing period for H-1B petitions will begin on April 1, 2020, for FY 2021. It is anticipated that USCIS will use its myUSCIS online portal for this registration process. From what we know so far, the employer would need to provide the following information when registering: Legal business name The Doing Business As name, if applicable Employer EIN Primary U.S. office location address Legal name, title, and contact information of the authorized signatory For the prospective H-1B employee,…
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Top 10 Reasons USCIS Issued Request for Evidence Letters for H-1B Petitions for the Fiscal Year 2018
USCIS recently released an a chart breaking down the top 10 reasons they issued Request for Evidence (RFE) letters for H-1B petitions that were filed for fiscal year 2018. They are the following: Specialty Occupation – The petitioning company did not establish that the position qualified as a specialty occupation. Employer/Employee Relationship – The petitioning company did not establish that there was a valid employer/employee relationship where the employer has control over the beneficiary’s work. Availability of Work (Off-site) – The petitioner could not establish that they had specific and non-speculative work assignments for the beneficiary that corresponds to the specialty occupation for the entire time requested in the H-1B…
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Department of Homeland Security Announces Final Rule For H-1B Processing for FY 2020
With H-1B season just around the corner, the new rule for H-1B processing is something that I’ve gotten many questions on. I had written a blog post about the proposed changes to the H-1B process this past December. On January 30, 2019, DHS announced that the new rule governing the H-1B process would become final and will be effective April 1, 2019. The actual announcement of the new rule can be found by clicking here. My last blog post gives a short summary of the changes that were being proposed. Now, those procedures will become effective on April 1, 2019. However, given the short time frame from now until the…
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DHS Proposes Some Major Changes to the H-1B Process
A possible policy change in the H-1B process could be coming. On November 30, 2018, the Department of Homeland Security (DHS) announced a proposed rule that would require petitioning employers who want to file H-1B cap-subject petitions to register electronically with USCIS during a designated period. The proposed rule would also reverse the order of how H-1B cap-subject petitions would be selected in the lottery. On December 3, 2018, the proposed regulation was published, and public feedback will be allowed until January 2, 2019. Under this potential new regulations, employers would have to register electronically with USCIS during a designated time period. It would begin at least 14 calendar days before…
